Will Revocation and Revival Requirements in West Virginia

At a glance

West Virginia uses a compact, strict statute. A will or codicil can be revoked by a later testamentary instrument, a separate will-formal writing, or a listed act against the instrument, a part, or its signature. Revival is narrower: reexecution or a formally executed codicil is required.

Requirements one by one

Later will, codicil, or separate writing

Section 41-1-7 recognizes a subsequent will or codicil. It also recognizes "some writing declaring an intention to revoke," but only when that writing is executed in the same manner required for a will.

West Virginia does not state a separate express-versus-inconsistency formula. A bare note, letter, or unsigned declaration should not be treated as the statutory writing route when it lacks the will execution formalities.

Physical act and another person's act

The listed acts are cutting, tearing, burning, obliterating, canceling, and destroying. The act may be directed at the will, a codicil, any part, or the signature itself. It must be done with intent to revoke.

Another person may perform the act only in the testator's presence and at the testator's direction. Section 41-1-7 states no separate witness requirement for that act and no electronic deletion or record-control route.

Partial revocation

Partial revocation is explicit. The opening words of § 41-1-7 cover a will or codicil "or any part thereof." That scope carries through the later instrument, formal writing, and listed-act routes.

The physical route is especially broad because it also permits acting on the signature. The statute does not say the act must destroy the whole instrument or reach all dispositive words.

Intent, proof, and later conveyances

The physical act must be accompanied by revocatory intent. Sections 41-1-6 through -10 state no numerical evidence standard, no presumption that a complete later will replaces an earlier one, and no presumption merely because an original is missing.

Section 41-1-9 prevents a different kind of implied revocation. A later conveyance or other act does not stop the will from operating on whatever covered interest the testator can still dispose of at death, unless the later act is itself one of the statutory revoking acts.

Divorce, annulment, remarriage, and other changes

Unless the will expressly provides otherwise, divorce or annulment revokes the former spouse's property dispositions and appointments, general or special powers of appointment, and nominations as executor, trustee, conservator, or guardian.

The affected property passes as though the former spouse failed to survive, subject to the statute's stated exception, and the revoked powers or offices are construed the same way. Remarriage to the former spouse revives provisions revoked solely by this section.

A separation decree that leaves husband-and-wife status intact is not divorce. Section 41-1-6 also says no other changed circumstance revokes a will. The provision applies to divorces, annulments, and remarriages effective after June 5, 1992.

Revival requires reexecution or a codicil

Section 41-1-8 rejects automatic revival regardless of how the will, codicil, or part was revoked. Revival can occur only by:

1. reexecuting the revoked instrument; or
2. executing a codicil with the required will formalities.

Even then, revival reaches only to the extent the intention to revive is shown. Destroying a later will, finding an old original, or orally stating a preference is not one of the statutory revival routes.

Reexecution, republication, and timing

Section 41-1-10 gives the restoration act a timing effect. A will reexecuted, republished, or revived by codicil is deemed made at the time of that reexecution, republication, or revival.

The statute does not create a separate default under which revoking a codicil restores the provisions it changed. The revival codicil itself must satisfy § 41-1-8 and show the extent of the intended revival.

What trips people up

• A separate revocation writing needs will formalities. A signed but unattested note is not enough under § 41-1-7 for an ordinary witnessed will.
• The signature itself is a statutory target. Cutting, canceling, or destroying the signature with revocatory intent can invoke the physical route.
• Partial physical revocation is express. The statute covers any part of the will or codicil.
• Revoking a later will does not restore the earlier one. West Virginia requires reexecution or a qualifying codicil.
• A revival codicil changes the instrument's deemed date. Section 41-1-10 treats the will as made when reexecuted, republished, or revived.

Common questions

Can a West Virginia will be revoked by a separate writing?

Yes, if the writing declares the intent to revoke and is executed in the same manner required for a will. An informal note does not satisfy that route.

May another person tear or destroy the will?

Yes, but only in the testator's presence and at the testator's direction, with intent to revoke.

Does divorce revoke the entire will?

No. It revokes the listed former-spouse gifts, powers, and fiduciary nominations unless the will expressly provides otherwise.

Can the old will be revived by destroying the new one?

No. Section 41-1-8 requires reexecution of the old instrument or a formally executed codicil showing the intended extent of revival.

Statutes and sources

• W. Va. Code § 41-1-6 — divorce, annulment, construction, remarriage revival, transition date, and no-other-change rule. Official Article 1 text (accessed 2026-08-01).
• W. Va. Code § 41-1-7 — whole/partial revocation by later instrument, will-formal writing, or listed act; signature and directed-person rules. Official Article 1 text (accessed 2026-08-01).
• W. Va. Code § 41-1-8 — exclusive reexecution-or-codicil revival routes and extent-of-intent limit. Official Article 1 text (accessed 2026-08-01).
• W. Va. Code §§ 41-1-9 and -10 — later-conveyance rule and deemed date after reexecution, republication, or revival. Official Article 1 text (accessed 2026-08-01).